Terms Of Service
Last Updated: 12/13/23
Please read these terms and conditions carefully before using www.lolahemp.com ("Website") owned and operated by Lolahemp LLC. By accessing or using this Website, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
1. This is a Contract
These Terms of Service constitute a legally binding contract between you and Lolahemp LLC.
2. Website Use
You may use this Website for lawful purposes and in accordance with these terms and conditions.
3. General Conditions and Restrictions
You agree not to:
- Use the Website for any unlawful purpose or engage in any conduct that could damage, disable, overburden, or impair the Website.
- Attempt to gain unauthorized access to any part of the Website.
- Modify, adapt, or hack the Website.
- Use any automated means to access or use the Website.
- Violate any applicable laws or regulations.
4. Personal Information
Your use of the Website is governed by our Privacy Policy. By using the Website, you consent to the collection, use, and sharing of your personal information as described in the Privacy Policy.
5. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions.
6. Modifications to Website and Prices
We reserve the right to modify or discontinue the Website, or any part thereof, at any time without notice. Prices for our products are subject to change without notice.
7. Order Placement and Acceptance
Your submission of an order constitutes an offer to purchase our products. Orders are subject to acceptance by Lolahemp LLC. We reserve the right to refuse or cancel any order for any reason.
8. Shipping
Shipping is governed by our Shipping Policy. Please review the policy for details regarding shipping fees, delivery times, and more.
9. Returns
Returns are subject to our Return Policy. Please review the policy for details regarding returns and refunds.
10. Subscription and Cancellation
10.1 Subscription Program
When visiting the Website, you may have the option to purchase our products as a one-time purchase or through our Subscription program. By enrolling in our Subscription program, you authorize Lolahemp LLC to automatically charge the payment card you provided at the time of enrollment for subsequent shipments of the selected products at intervals you choose (e.g., every 30, 60, or 90 days) until you cancel the subscription.
10.2 Automatic Billing
If you are enrolled in the Subscription program at the time of your initial purchase and have provided us with a valid credit card number or an alternate payment method, each payment will be automatically processed at the time of each shipment or installment. These payments will be billed to the payment method you provided to us at the time of your enrollment in the Subscription program.
10.3 Cancellation
If you wish to cancel your participation in the Subscription program, you may do so at any time by emailing us at info@lolahemp.com. Please provide sufficient notice to allow us to process your cancellation request before the next scheduled shipment.
10.4 Failed Payments
If you participate in the Subscription program using a credit card and your credit card fails to process for a subsequent shipment, you agree that we may continue attempting to process your payment. We may also contact you using any phone number or email address provided by you to obtain alternate payment information.
10.5 Collection
In the event you fail to pay for any product or service received under the Subscription program, your account may be sent for collection. If collection processes are initiated, you will be liable for all associated collection costs, including legal fees and expenses, as provided in Section 20.4 below.
11. DMCA Notice
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please review our DMCA Notice and follow the provided instructions.
12. Social Media
We may provide experiences on social media platforms. Your use of these platforms is governed by these Terms of Service as well as the terms of use and privacy policies of the respective social media platforms.
13. Submitted Materials; User Generated Content
By submitting materials or content to the Website, you grant Lolahemp LLC a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials or content.
14. Testimonials, Reviews, and other Submissions
We welcome testimonials, reviews, and other submissions from our customers. By submitting such content, you grant Lolahemp LLC the right to use and publish it.
15. Third-party Websites and Content
The Website may contain links to third-party websites or services that are not owned or controlled by Lolahemp LLC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
16. No Medical Diagnosis or Treatment
The information provided on the Website is for informational purposes only and is not intended as a substitute for professional medical advice, diagnosis, or treatment.
17. Disclaimer of Warranties
The Website is provided "as is" and "as available" without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
18. Limitation of Liabilities
To the fullest extent permitted by applicable law, Lolahemp LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
19. Disputes
Any dispute or claim relating in any way to your use of the Website will be resolved by binding arbitration, rather than in court.
20. Required Pre-Dispute Procedures
Before commencing arbitration, you must first send a written notice to Lolahemp LLC describing the nature and basis of the claim.
20.1 Commencing Arbitration
Arbitration will be conducted by a single arbitrator.
20.2 Arbitration Location
The arbitration will be conducted in a location agreed upon by both parties.
20.3 Organization, Rules, and the Arbitrator
The arbitration will be administered by a mutually agreed-upon arbitration organization and conducted under its rules.
20.4 Fees
Each party will bear its own costs and expenses, including attorney's fees.
20.5 Governing Law and Award
The arbitration will be governed by the laws of the state of New York, and the arbitrator's award shall be final and binding.
20.6 Enforceability
If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, the balance of this provision shall remain in effect.
20.7 Miscellaneous
This arbitration provision survives the termination of these Terms of Service.
20.8 Exceptions
Claims that qualify for small claims court are exempt from the arbitration provision.
20.9 Amendments
Lolahemp LLC reserves the right to make changes to this arbitration provision at any time.
21. Electronic Communications
When you use the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically.
22. Indemnification
You agree to indemnify and hold harmless Lolahemp LLC and its affiliates, officers, directors, employees, and agents from any and all claims, losses, liabilities, damages, costs, and expenses.
23. Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
24. Term and Termination
These Terms of Service are effective unless and until terminated by either you or Lolahemp LLC. Lolahemp LLC may terminate these terms at any time without notice.
25. Entire Agreement
These Terms of Service, including all policies and operating rules posted on the Website, constitute the entire agreement between you and Lolahemp LLC.
Contact Us
If you have any questions about these Terms of Service, please contact us at:
Lolahemp LLC PO Box 269 Scarsdale, NY 10583 Email: info@lolahemp.com